TAC Case 2012/13, No access dispute for maintenance work — accessing another’s land (040401800) The question in relation to this case was whether T had the right of access along a track on Ws land for essential repairs. In general, walking onto your neighbor’s property without them inviting you is trespassing. Nevertheless, there are legal provisions that can facilitate access in certain situations.
Legal Framework for Access
Access to Neighbouring Land Act 1992This act allows property owners who have essential repairs that cannot be carried out from their own land but need access over adjoining land.property access (ad) This might be getting the drains fixed or cutting back some overgrown plants. If a neighbour denies them access, one of the parties may seek an order from court to gain rights of access — on condition that work is required for preservation and cannot be carried out in any other manner12.
Easements and Deeds: Before taking legal actions, be sure to look out for existing easement of access rights in the property title deed. However they would argue that if such rights are recorded in the land registry then these property owners can continue unabated without having to seek explicit permission from their neighbour5.
Party Wall Act 1996- the act can apply if works involve a shared structure or wall between properties. It provides for rights of limited access under certain conditions (one week notice to neighbor) – 56
Practical Considerations
When it comes to bringing a complaint, there are legal and local procedures in place but keeping open lines of communication with your neighbors is always best. The recommended first course of action is typically to speak with the individual in question directly about your need for access rather than pursue legal recourse34.
Court orders: If negotiations prove fruitless, obtaining a court order through QDRO can take months and cost several thousand dollars. Access conditions, and the payment of compensation where inconvenience has been caused to the neighbour23.
Possible Hiccup: Neighbors can say no if being cut through would significantly alter their lives or enjoyment of the property. This is an important issue to be raised before the courts and may result in denying access requests based on that claim24.
In conclusion, although there might be legal ways to enter a neighbors property for needed fix-ups it is bounders advice that you better use all the friendly negotiations available prior of going into court as well check if any rights exist first!
